MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62 ND STREET October 22, :00 P.M.

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1 MERRIAM CITY COUNCIL AGENDA CITY HALL 9001 WEST 62 ND STREET October 22, :00 P.M. If you require any accommodation (i.e. qualified interpreter, large print, reader, hearing assistance) in order to attend this meeting, please notify the Administrative Office at no later than 24 hours prior to the beginning of the meeting. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE II. III. ROLL CALL PUBLIC ITEMS Members of the public are encouraged to use this time to make comments about matters that do not appear on the agenda. Comments about items on the regular agenda will be taken as each item is considered. Please note: individuals making Public Comments will be limited to 5 minutes. IV. CONSENT AGENDA All items listed under the heading are considered to be routine by the City Council and may be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case that item will be removed from the Consent Agenda and considered separately. 1. Consider approval of the minutes of the City Council meeting held October 8, Consider approval of the purchase of new license plate reader cameras. V. MAYOR S REPORT 1. Employee Service Awards-3 rd Quarter Presentation of Life Saving Award to Master Police Officer Kristin Jasinski. VI. COUNCIL ITEMS A. Finance and Administration 1. Non-Discrimination Ordinance presentation. 1

2 B. Community Development/Public Works/CIP 1. Presentation on Exterior Home Grant Program. 2. Community Development Update. VII. IX. STAFF ITEMS NEW BUSINESS X. EXECUTIVE SESSION XI. ADJOURNMENT Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 2

3 City Council Minutes October 8, 2018 MERRIAM CITY COUNCIL MINUTES CITY HALL 9001 WEST 62 ND STREET OCTOBER 8, :00 P.M. I. CALL TO ORDER - PLEDGE OF ALLEGIANCE Council President Christine Evans-Hands called the meeting to order at 7:00 pm. II. ROLL CALL Scott Diebold Al Frisby Chris Evans Hands Nancy Hupp Bryan Knaff David Neal Bob Pape Robert Weems Mayor Ken Sissom was absent. Staff present: Chris Engel, City Administrator; Meredith Hauck, Assistant City Administrator; Kevin Bruemmer, Public Works Director; Nicole Proulx Aiken, City Attorney; Bryan Dehner, Fire Chief; Anna Slocum Parks and Recreation Director; Bryan Dyer, Community Development Director and Juli Pinnick, City Clerk. III. PUBLIC ITEMS Members of the public are encouraged to use this time to make comments about matters that do not appear on the agenda. Comments about items on the regular agenda will be taken as each item is considered. Please note: individuals making Public Comments will be limited to 5 minutes. Sam Matier, 8515 W. 57 th St. commented that a recent post on a social media site made reference to the petitions being circulated regarding the community center being invalid. Mr. Matier indicated that the form of the petitions has been reviewed by the County and they are valid. He further commented that the post indicated that the votes taken by the council, which the petition seeks to overturn are administrative in nature and the statute does not apply in this particular case. Mr. Matier indicated that the petition drive is still underway and that the signatures will be gathered and then it will be up to a judge to decide if the ballot questions in the petition are administrative in nature. He indicated that the demolition of the pool before this matter is resolved could cause some unexpected expenses if the petition to keep the current pool goes to a vote. He feels moving ahead with the demolition before this issue is decided would be malfeasance. 1

4 City Council Minutes October 8, 2018 Linda Taylor, 6900 Farley commented that the recent reconstruction of Farley was completed about one year ago. Before the reconstruction, Farley was a one-way street going south with speed bumps. Residents had requested the speed bumps be left in place after the reconstruction or remain a one-way street. While the residents were notified that the street would not remain one-way and were told the speed bump issue could be discussed after the reconstruction. At a recent block party a few residents discussed this issue. Those residents feel that the speed of the cars on Farley make it unsafe for the many small children who live in the area. She requested on behalf of those neighbors if the speed bumps could be restored and if a center stripe could be added to the street. She has had many instances of people driving down the middle of Farley. Council President Hands commented that there are some studies that will be taking place regarding Farley which will provide data indicating speed of vehicles. Once that data has been obtained, it may provide some information as to what might need to happen. IV. CONSENT AGENDA All items listed under the heading are considered to be routine by the City Council and may be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case that item will be removed from the Consent Agenda and considered separately. 1. Consider approval of the minutes of the City Council meeting held September 24, Consider approval of the 2019 Holiday schedule. 3. Consider approval of a resolution cancelling the May 27 and December 23, 2019 City Council Meetings. 4. Consider budget adjustment to utilize General Fund Contingency for mental health co-responder. 5. Consider approval of a bid award to VF Anderson for small drainage projects. 6. Consider approval and final acceptance of the Craig Road Drainage Project. COUNCILMEMBER HUPP MOVED THAT THE COUNCIL APPROVE CONSENT AGENDA ITEMS 1-6. COUNCILMEMBER FRISBY SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 2

5 City Council Minutes October 8, 2018 V. MAYOR S REPORT 1. Johnson County Solid Waste presentation. Solid Waste Committee member Megan England provided an update to the Johnson County Solid Waste Plan and recent changes to recycling. Much of the recyclable materials collected in Johnson County are considered to be contaminated. A major buyer of recyclable materials has decreased the level of contamination and as a result, less recycling that is collected is actually being recycled and is just ending up in the landfill. Stakeholder meetings and other public meeting will soon be taking place to update the plan and seek out ways to extend the use of the Johnson County landfill. VI. COUNCIL ITEMS A. Finance and Administration 1. Consider approval of Allen Gibbs Houlik (AGH) for Audit services. City Administrator Chris Engel provided the background for this item. Staff issued a request for proposals (RFP) for auditing services on August 7, The selection committee (Councilman Brian Knaff, City Administrator, City Accountant and Finance Director) reviewed six proposals on criteria including relevant experience, quality control, sufficiency and qualifications of staff, and audit approach. The committee agreed upon the top three firms then discussed the relative advantages of each before consideration of the bids. The committee unanimously recommends selection of Allen, Gibbs & Houlik L.C. (AGH) as provider of auditing services. AGH offers the best combination of technical skills and customer service for a reasonable fee. COUNCILMEMBER PAPE MOVED THAT THE COUNCIL APPROVE THE SELECTION OF AGH, L.C. AS PROVIDER OF FINANCIAL AUDITING SERVICES FOR THE YEARS 2018 THROUGH 2022 AND AUTHORIZE THE MAYOR TO SIGN THE ENGAGEMENT LETTER FOR THE 2018 AUDIT. COUNCILMEMBER WEEMS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 2. Monthly Finance Report. City Administrator Chris Engel presented the finance report for the month of September. 3. Community Center Update. 3

6 City Council Minutes October 8, 2018 Assistant City Administrator Meredith Hauck presented the Community Center Update. B. Community Development/Public Works/CIP 1. Presentation on Neighborhood Block Party Grant Program. Community Development Director Bryan Dyer presented information and displayed photos of block parties held throughout the city this summer. There were 16 applications submitted and so far; 9 have been held and funds have been reimbursed. There are with 7 more grants pending approval and reimbursement. $3,100 has been allocated for reimbursement to date. This year s program ends November 4 th, which will be the last day applications can be submitted. Staff has conducted and internal review of the program discussing how the program worked so far and any changes that are needed for next year. At this time, staff has not suggested any changes to the program for Participant feedback about the program has been very positive and supportive. 2. Consider approval of a quit claim deed between the City of Merriam and KDOT. Public Works Director Kevin Bruemmer presented the background for this item. In November of 2017 the City was approached by KDOT to transfer a portion of their existing right of way (ROW) to the City. This property is located west of the Burlington Northern Santa Fe Railway on Shawnee Mission Parkway to west City Limits along with the green space west of the RR tracks along Merriam Drive from Johnson Drive south to Chatlain Park (see attached map). For the last 25 years the City has maintained the area described in the form. Therefore, this is more a housekeeping issue. There is no anticipated increase in budget to continue maintaining this property. The Public Works Department has worked with KDOT maintenance staff in identifying trees between Chatlain Park and Robinhood Drive that needed to be trimmed prior to acceptance by the City. That work has been completed. The City attorney has reviewed the document and staff recommends approval. 4

7 City Council Minutes October 8, 2018 COUNCILMEMBER FRISBY MOVED THAT THE COUNCIL APPROVE A QUIT CLAIM DEED FROM KDOT. COUNCILMEMBER WEEMS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 3. Consider approval of a Professional Services Agreement (PSA) with Affinis for design services for the CARS 67 th St. Project. Public Works Director Kevin Bruemmer provided the background for this item. In 2016 staff advertised for a Request for Qualifications (RFQ) for street design work that would continue for period of 5 years. Affinnis Corp. was selected and has been providing design engineering services for the last three years (i.e. Johnson Drive-West City limits to Kessler and 51 st St. Switzer to Knox). Their level of service has been exemplary and staff recommends that they be approved for the design of the 2019 CARS Project. The scope of this project includes 2-inch Mill/Overlay, pavement marking, install new streetlights, median repairs, pedestrian signal modifications, replacement of curb/gutters and sidewalk/ada ramps as required. Johnson County CARS funding has been approved for the by the Board of County Commissioners for construction of this project. COUNCILMEMBER PAPE MOVED THAT THE COUNCIL APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH AFFINIS FOR DESIGN SERVICES FOR THE 67 TH STREET CARS PROJECT. COUNCILMEMBER NEAL SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. 4. CIP Update. Public Works Director Kevin Bruemmer provided the following CIP Updates: Sidewalk In-Fill Due to inclement weather, the project was completed two weeks past completion date of September 16 th. Placement of sod has been completed. Johnson Drive Reconstruction (Kessler to West City Limits) Sod along Johnson Drive was placed September 26 th and 27 th. Existing asphalt surface has been milled and the placement of new asphalt has been completed. Striping will be the last item to be completed on this project which has a projected completion date of October 16 th. 5

8 City Council Minutes October 8, 2018 Craig Road Drainage Improvements Project is complete and sod was placed on Friday September 21 st Storm Drain Repairs V.F. Anderson is scheduled to begin replacement of 13 storm drain structures October 29 th. This project will replace 13 storm drain inlets that have been determined in need of replacement. VII. VIII. IX. STAFF ITEMS NEW BUSINESS EXECUTIVE SESSION X. ADJOURNMENT THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, COUNCILMEMBER HUPP MOVED TO ADJOURN AT 8:20 PM COUNCILMEMBER WEEMS SECONDED AND THE MOTION WAS UNANIMOUSLY APPROVED. Respectfully submitted, Juliana Pinnick Juliana Pinnick City Clerk 6

9 AGENDA ITEM INFORMATION FORM AGENDA ITEM: License Plate Reader System Expansion SUBMITTED BY: Michael Daniels MEETING DATE: October 22, 2018 PROJECT BACKGROUND/DESCRIPTION: In 2017 we purchased a license plate recognition system and placed cameras at Johnson Drive and Slater, the intersection used to enter and exit Merriam Town Center. Town Center is in our DDACTS zone which makes up 25% of the reported crime in Merriam. During the month of September, 193,465 cars went through our license plate reader system at Johnson Dr. and Slater, of those 2,625 were flagged in the REGIS database with a warrant of some kind. Our officers spent about 25 hours monitoring the system and were able to stop 25 cars and make 8 arrests for various offenses. Electronic Technology, Inc. of 5700 Merriam Drive is the vender for this system. We will be placing 5 new License Plate Reader Cameras at key intersections: - 58 th and Antioch covering the two south bound lanes of Antioch - 55 th Terr. and Antioch covering the Northbound lanes of Antioch and the traffic turning west, into Merriam Town Center - Merriam Dr. and Johnson Dr. covering the north and south bound lanes of Merriam Dr. The total cost of the project is $30, for the equipment and installation. CITY COUNCIL GOALS AND OBJECTIVES 2.1 Improve the utilization of technology to increase efficiency. FINANCIAL IMPACT Amount of Request/Contract: $30, Amount Budgeted: $31,000 Funding Source/Account #: SUPPORTING DOCUMENTS - Camera location map - ETI, Inc. invoice ACTION NEEDED/STAFF RECOMMENDATION Approve expenditure of budgeted funds

10 5700 Merriam Drive Merriam, KS Office Fax /21/2018 City of Merriam 9010 W 62nd st Merriam, Kansas Attn: Major Darren McLaughlin QTY DESCRIPTION PRICE TOTAL 5 AutoVu SharpV camera kit $ 4, $ 22, port network switch/mount $ 1, $ 2, year Advanced replacement $ $ Labor & Config $ 4, $ 4, total $ 30, I authorize Electronic Technology, Inc. to proceed forward with the above Statement of Work at the price quoted. All work authorized over and above this Statement of Work will be billed as an addition. Payment must be made upon completion of the project and net 15 days of invoice. Please sign and fax back to Electronic Technology, Inc. for work to proceed. Customer Date

11 = Proposed LPR s = Existing LPR s

12 20 years Diane Monroe-Farmers Market Supervisor, Parks and Recreation 15 Years Doris Hillhouse-Crossing Guard, Police Department Jeremiah Waters-Corporal, Police Department Karen Crane-Director, Merriam Visitors Bureau 5 Years Dan Whitmill-Facility Maintenance, Parks and Recreation

13 MERRIAM POLICE DEPARTMENT Certificate of Excellence is hereby granted to MPO Kristin Jasinski for outstanding performance for: Life Saving Award On Thursday, October 4 th, 2018, a little before 1:00 p.m., there was a 2 year old girl that was choking on food at the IKEA store. One officer had already been dispatched but MPO Jasinski responded as well, even though she was not yet in service. When MPO Jasinski arrived, the child was still choking on food. MPO Jasinski applied the Heimlich maneuver and dislodged the food, thus saving the child's life. Awarded: 10/10/2018 Presenter Name and Title

14 MEMO TO: FROM: SUBJECT: MAYOR & CITY COUNCIL AL FRISBY, CITY COUNCILMEMBER NON-DESCRIMINATION ORDINANCE DATE: OCTOBER 17, 2018 CC: CHRIS ENGEL, CITY ADMINISTRATOR I have consulted with Chris Engel recently about my 3 year long proposal to include sexual orientation and gender identity into a new ordinance for the city of Merriam to protect our LGBTQ population in regards to housing, employment, and public accommodation. It seems we have an ordinance called the "Fair Housing Policy Sec " for our city residents which does NOT include the above, generating no NDO (non-discrimination ordinance) for our gay citizens in reference to housing...none. We do have an NDO ordinance (City of Merriam Employee Handbook) for our city employees to prevent discrimination, but NOT for our citizens. As you know, the Federal EEOC protects most citizens across the nation, but not the LGBTQ citizens...even our Kansas laws do not protect them. In fact, Governor Sebelius used her executive authority to demand the state of Kansas protect their gay state employees but Governor Brownback removed that policy when elected. At this time, our state employees can be terminated or refused access to housing or employment, including within our city, by simply admitting they are gay...that includes any LGBTQ citizen in our city within any employment. The Mayor has recently told the City Administrator and me in a meeting that he believes Merriam has the "highest" number of LGBTQ folks per capita than any other city in the state. So...to that point, the Federal and KS state protections for this group of Merriam citizens are non-existent...this is a travesty. To seek solutions to protect ALL citizens, I am proposing, similar to Goddard, Roeland Park, Mission, Prairie Village, Manhattan, KCK (entire county), Lawrence, and others, a new ordinance which will include sections from the various cities writing NDO ordinances protecting their LGBTQ citizens. The City Administrator and I will meet to develop the new ordinance to be considered on 11/12/18 after our discussion 10/22/18. You will hear 4 speakers at the microphone on 10/22/18 who I have selected to present information that is pertinent to this proposal. Hopefully, the audience will contain a few interested folks who may make statements. I am planning to offer a motion on 11/12/18 and would appreciate if each councilmember peruses the attachments to this , do your own research, and ask questions from your constituents. Al Frisby, City Councilmember Attachments: Letter from NEJC Chamber; Letter from Merriam Christian Church; Manhattan, KS NDO; DRAFT Prairie Village NDO; City of Merriam Employment Policies; Merriam City Code Ch. 35

15 To the Members of the Merriam City Council My name is Reverend Mark Willis, and I am the pastor at Merriam Christian Church. We are the oldest church in Merriam, having been founded in It has come to our attention the city council is taking up a discussion of a non-discrimination policy, similar to policies being discussed in other municipalities. This type of policy would ostensibly seek to offer Merriam residents protection from discrimination based on race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran status. While all of these factors are listed, it is the LGBTQ community being affected in our state and nationwide by discriminatory practices aimed at them directly in this time. We should and must come to the aid of our loved ones and neighbors who are the targets of these cruel and un-christian practices. The members of Merriam Christian Church, as a part of the Christian Church (Disciples of Christ) believe in the idea of an "open table" - a communion table where ALL of God's children are welcome. This idea undergirds our theology and faith. We believe God calls everyone to the table - that it is a rich, diverse gathering of people from all walks of life, all corners of the globe, and all backgrounds and journeys. The table is God's, not ours, and as such we cannot place limitations on who God calls, on who is welcomed, or on who comes to the table. In our denomination, all means all. Therefore, we wholeheartedly support the idea of a policy in our community that seeks to open opportunities to all of our residents. Merriam is a place where many of us have been welcomed, found friends and family to call our own, and set down roots. Ours is and should be a community that welcomes all of God's children. Policies like this make us a community of kindness and compassion. On behalf of the members of Merriam Christian Church, I ask that the council seriously and prayfully consider making this policy for Merriam. Ours is a strong community, built on ideas of teamwork and friendship. This policy would further that ideal and promote the good values found in our hometown. Yours In Christ, Rev. Mark Willis Merriam Christian Church 9401 Johnson Drive

16 nejcchamber connect. build. grow. The Northeast Johnson County Chamber of Commerce (NEJC Chamber) supports nondiscrimination policies because they help to attract top talent, boost morale and employee loyalty, and increase performance and productivity. Inclusion and diversity are the backbone of doing good business and are proven to stimulate economy, create positive impressions, and position businesses and communities for greater attraction, expansion and retention of jobs and investment. As part of our 2018 Legislative Platform, the NEJC Chamber adopted the following Guiding Principle: The Chamber supports positive employment nondiscrimination reform by encouraging the amendment of the Kansas Act Against Discrimination to include protections for sexual orientation and gender identity/expression. Considering this principle, and until such time that the State of Kansas takes action to provide equal legal protections for all individuals, the NEJC Chamber supports protections for sexual orientation and gender identity/expression in employment, housing, and public accommodation throughout Northeast Johnson County. Discrimination at any level is detrimental to businesses, large and small, by negatively impacting their ability to attract and retain top talent. Northeast Johnson County should be positioned as a destination for economic activity, tourism, and new business development; not as a region that allows discrimination of employees, customers and residents. Basic protections and inclusive policies for all individuals are in the best interest of Northeast Johnson County, and the State of Kansas. Deb Settle President/CEO 5800 Foxridge Dr. Suite 100, Mission, KS nejcchamber.com / 262 1

17 THE PRAIRIE VILLAGE ORDINANCE AGAINST DISCRIMINATION ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF PRAIRIE VILLAGE, KANSAS; RELATING TO CIVIL RIGHTS. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PRAIRIE VILLAGE, KANSAS: WHEREAS, Prairie Village is a community that respects and actively seeks to welcome and protect all those who reside, visit, or do business in our community; and, WHEREAS, the governing body finds that providing protection against wrongful discrimination contributes to the creation of a diverse, welcoming community that promotes harmony and mutual respect, and otherwise promotes the health, safety and welfare of the citizens of Prairie Village; and, WHEREAS, the governing body finds that discrimination based on race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran status is wrongful discrimination and inconsistent with the community s goals and values; and, WHEREAS, state and federal laws provide protection against discrimination against certain classes of persons in employment, housing and public accommodations, and provide a complaint and enforcement process for parties who allege discrimination in violation of state or federal law; and, WHEREAS, state and federal laws do not currently provide protection against discrimination on the basis of sexual orientation or gender identity in employment, housing or public accommodations, and parties who allege such discrimination do not have a complaint or enforcement process to pursue; and, WHEREAS, due to the gap in legal protection from discrimination that currently exists under state and federal law, the governing body s intent is to provide uniform legal protection within the City of Prairie Village against discrimination based on race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran status, and to provide a complaint and enforcement process to effectuate such protection. THEREFORE, Chapter 5 of the Code of the City of Prairie Village is amended, adding Article 8 to the existing Articles of that Chapter, as follows:

18 ARTICLE 8. PROHIBITED DISCRIMINATION IN EMPLOYMENT, HOUSING, OR PUBLIC ACCOMODATIONS DEFINITIONS. Except to the extent they are in conflict with the definitions below, the definitions contained within the Kansas Acts Against Discrimination, K.S.A et seq., the Kansas Age Discrimination in Employment Act, K.S.A et seq., and the Discrimination Against Military Personnel Act, K.S.A et seq., and amendments thereto, shall be applicable under this article. For purposes of this article, certain terms shall be interpreted or defined as follows unless the context clearly indicates otherwise. (a) City means the City of Prairie Village, Kansas. (b) Code means the Code of the City of Prairie Village, Kansas. (c) Business means any person or entity employing four or more employees and all departments, boards and agencies of the City. Business shall include the City and any City Contractor. For purposes of this article, no religious organization, private fraternal and benevolent association or society, or non-profit private club shall be considered to be a business. (b) Place of public accommodation shall include every business within the City that is open to the public and offers, for compensation, any product, service or facility. The term place of public accommodation shall include, but not be limited to, all taverns, hotels, motels, apartment hotels, apartment houses with more than four tenant units, restaurants or any place where food or beverages are sold, retail and wholesale establishments, hospitals, theaters, motion picture houses, museums, bowling alleys, golf courses and all public conveyances, as well as the stations or terminals thereof. This shall not, however, apply to any hotel, motel, restaurant or theater operated by a bona fide private club not conducted for the purpose of evading this article when the accommodations, advantages, facilities and services are restricted to the members of such club and their guests; nor to any bona fide social, fraternal, civic, political or religious organization, when the profits of such accommodations, advantages, facilities and services, above reasonable and necessary expenses, are solely for the benefit or mission of such organization. (c) Rental housing means any real property, consisting of more than four dwelling units, which is required to obtain a license or permit pursuant to the provisions of Chapter 5 of the Code. (d) To rent means to lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (e) Employee means any person authorized to perform services for any business within the City, and includes an officer, employee or elected official of the United States, a state, territory, or any political subdivision thereof or any agency or instrumentality thereof, and an officer of a corporation. Employee does not include any individual employed by such individual's parents, spouse or child or in the domestic service of any person. (f) Person means an individual, corporation, partnership, association, labor organization, legal representative, mutual company, joint-stock company, trust, unincorporated organization, trustee, trustee in bankruptcy, receiver and fiduciary.

19 (g) (h) (i) (j) (k) (l) Familial status means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. Sexual orientation means an individual's real orientation or orientation perceived by another as heterosexual, homosexual, bisexual or asexual. Gender identity means the actual or perceived gender-related identity, expression, appearance, or mannerisms, or other gender-related characteristics of an individual, regardless of the individual s designated sex at birth. Military status means a person who is serving or has served in the uniformed services, and who, if discharged or released under conditions other than dishonorable, as specified in 38 U.S.C. 101(2), or amendments thereto. Uniformed services is defined as set forth in 20 C.F.R (o), or amendments thereto. Investigator means one or more persons appointed by the Mayor, with the approval of the City Council, who shall be charged with investigating alleged violations of this article. Hearing officer means a person appointed by the Mayor, with approval of the City Council, who is charged with determining the validity of alleged violations of this article, and upon determining that a violation has occurred, assessing appropriate damages, penalties and/or costs as provided in this article DECLARATION OF POLICY. (a) The right of an otherwise qualified person to be free from discrimination because of that person s real or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran status is hereby recognized. This right shall include, but not be limited to, any of the following: 1. The right to pursue and hold employment and the benefits associated therewith without wrongful discrimination. 2. The right to the full enjoyment of any of the accommodations, advantages, or privileges of any place of public resort, accommodation, assemblage, or amusement without wrongful discrimination. 3. The right to engage in property transactions, including obtaining housing for rental or sale and credit therefor, without wrongful discrimination. 4. The right to exercise any right granted under this ordinance without suffering coercion or retaliation UNLAWFUL PRACTICES. (a) Employment. It shall be an unlawful discriminatory practice for a business, because of the race, religion, color, sex, disability, national origin, ancestry, sexual orientation, gender

20 identity or military status of any person to refuse to hire or employ such person to bar or discharge such person from employment or to otherwise discriminate against such person in compensation or in terms, conditions or privileges of employment; to limit, segregate, classify or make any distinction in regards to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, or segregation without a valid business necessity. (b) Housing. It shall be an unlawful discriminatory practice for a business to discriminate against any person in the terms, conditions or privileges of sale or rental of real property or rental housing, or in the provision of services or facilities in connection therewith, because of race, religion, color, sex, disability, familial status, national origin, ancestry, sexual orientation, gender identity or military status, or to discriminate against any person in such person's use or occupancy of rental housing because of the race, religion, color, sex, disability, familial status, national origin ancestry, sexual orientation, gender identity, or military status of the people with whom such person associates. (c) Public Accommodation. It shall be an unlawful discriminatory practice for any business, as defined herein being the owner, operator, lessee, manager, agent or employee of any place of public accommodation, to refuse, deny or make a distinction, directly or indirectly, in offering its goods, services, facilities, and accommodations to any person as covered by this article because of race, religion, color, sex, disability, national origin, ancestry, sexual orientation, gender identity, or military status. Notwithstanding the above, nothing in this article shall be construed to prevent any business as defined in this article from offering, affording or providing any additional benefit or additional discount to a person because of such person's military status. (d) (e) (f) (g) Nothing in this article shall be construed to mean that a business shall be forced to hire unqualified or incompetent personnel or discharge qualified or competent personnel. Nothing in this article shall prohibit an employer from requiring an employee, during the employee's hours at work, to adhere to reasonable dress or grooming standards not prohibited by other provisions of Federal, State, or local law. Nothing in this article shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of real property which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons. Nor shall anything in this article prohibit a nonprofit private club in fact not open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Nothing in this article shall be construed to require any entity subject to this article to make changes requiring a building permit to any existing facility, except as otherwise required by law. Any construction after enactment of this article shall ensure individual privacy in all restrooms, public shower spaces and dressing rooms ENFORCEMENT.

21 (a) (b) (c) (d) (e) (f) Any person aggrieved by an alleged violation of this article may file a complaint with the City Clerk on a form to be provided by the City. Any such complaint must be filed within 60 days after the alleged act of discrimination. The complaint shall be referred to a mediator for non-binding mediation. Participation in mediation shall be voluntary on the part of the person charged with violating this article. The mediator shall either be a person agreed upon by the complainant and the person accused of the violation or, if no such agreement can be reached within a reasonable time following the filing of the complaint, a person selected by the City to serve as the mediator. Any fees charged by the mediator shall be split equally between the parties, unless at the conclusion of the mediation, the mediator assesses the costs of mediation in some other manner. Any mediation hereunder shall be conducted in accordance with procedures to be established by the mediator. If, within 15 days of the conclusion of the mediation, either party notifies the City Clerk in writing that such person is dissatisfied with the results of the mediation, or if the person charged with violating the provisions of this article elects not to participate in mediation, the complaint shall be referred to the Investigator for investigation. After initial investigation by the Investigator or such person as may be assigned to investigate the complaint by the Investigator, the Investigator shall make a determination whether there is sufficient evidence of discrimination to conduct a hearing on the complaint. If the Investigator determines that there is not sufficient evidence of discrimination to conduct a hearing on the complaint, the complaint shall be dismissed and the fees of the Investigator for investigation of the complaint shall be assessed against the complainant. Upon a finding of sufficient evidence to warrant a hearing and upon reasonable notice to the complainant and the person charged with violating the provisions of this article, the Investigator shall refer the matter to the Hearing Officer who shall conduct a hearing on the complaint. At such hearing, the parties and the Investigator shall be entitled to call witnesses and to present such other evidence as appropriate. The hearing shall be conducted in accordance with such procedures as may be established by the Hearing Officer, but the rules of evidence used in courts of law need not be strictly enforced. Following the conclusion of the hearing, the Hearing Officer may announce a determination or may take the matter under advisement for determination at a later date. Any determination of the Hearing Officer shall be in writing, shall be based upon the preponderance of the evidence and shall set forth the essential elements of the determination. If the Hearing Officer finds that a violation of this article has occurred, the Hearing Officer may award to the complainant actual damages, or a civil penalty in the amount of $500.00, whichever is greater, for each violation. In addition, the Investigator's fees and the Hearing Officer's fees shall be assessed to the non-prevailing party unless the Hearing Officer determines that the circumstances warrant assessing the costs in some other manner. Any person aggrieved by a determination of the Hearing Officer under this section or any determination of insufficient evidence to warrant a hearing made by the Investigator, may appeal that determination to the District Court of Johnson County, Kansas, in accordance with K.S.A (d), and amendments thereto. On appeal, the district court may enter such order or judgment as justice shall require, and may award court costs and reasonable attorney fees to the prevailing party. The filing of a complaint for the alleged violation of this article shall in no way preclude any person from seeking other relief under state or federal law.

22 SEVERABILITY. Should any section, subsection, sentence, clause or phrase of this article, or the application thereof to any person or circumstance, be declared to be unconstitutional or invalid or unenforceable, such determination shall not affect the validity of the remaining portions of this article. (Ord. No.,, _-_-2018)

23 CERTIFICATION OF CLERK I, Brenda K. Wolf, the duly appointed, qualified, and Assistant City Clerk of Manhattan, Kansas, do hereby certify that the foregoing Ordinance was duly adopted at a meeting of the City of Manhattan, Kansas, held on the 16 th day of August, 2016, and that said Ordinance has been compared by me with the original thereof on file and of record in my office, is a true copy of the whole of said original. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Manhattan, Kansas, 17 th day of August, Brenda K. Wolf, CMC, Assistant City Clerk

24 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF MANHATTAN, KANSAS; RELATING TO CIVIL RIGHTS. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS: WHEREAS, state and federal laws provide protection against discrimination against certain classes of persons in employment, housing and public accommodations, and provide a complaint, investigation and enforcement process for parties who allege discrimination in violation of state or federal law; and, WHEREAS, state and federal laws do not provide protection against discrimination on the basis of sexual orientation or gender identity in employment, housing or public accommodations, and parties who allege such discrimination do not have a complaint, investigation or enforcement process to pursue; and, WHEREAS, Chapter 10 of the City Code relates to civil rights, establishing a policy against discrimination against certain classes of persons in employment, housing and public accommodations; and, WHEREAS, the governing body desires to extend the policy against discrimination to include sexual orientation and gender identity discrimination; and, WHEREAS, the governing body finds that providing individuals with protection from discrimination due to sexual orientation and gender identity promotes the health, safety and welfare of the citizens of Manhattan, and is in the public interest; and, WHEREAS, the governing body finds that providing protection against discrimination contributes to the creation of a diverse, welcoming community that promotes harmony and mutual respect; and, WHEREAS, the governing body s intent is to extend its policy against discrimination in housing, employment and public accommodation to prohibit discrimination on the basis of sexual orientation or gender identity; and, WHEREAS, because no process currently exists at the state or federal level, the governing body s further intent is to create a complaint, investigation and enforcement process for sexual orientation or gender identity discrimination that arises within the City of Manhattan. Section 1. That the existing provisions of Article I of Chapter 10, of the Code of Ordinances of the City of Manhattan, Kansas are hereby repealed and replaced with the following provisions, amended to read as follows: Page 1

25 Sec Declaration of policy. (a) The practice or policy of discrimination against individuals by reason of race, sex, familial status, military status, disability, religion, age, color, sexual orientation, gender identity, national origin or ancestry is a matter of concern to the city since such discrimination threatens not only the rights and privileges of the inhabitants of the city but menaces the institutions and foundations of a free democratic state. It is hereby declared to be the city s policy, as implemented in this chapter, to eliminate and prevent discrimination in all employment relations, to eliminate and prevent discrimination, segregation or separation in all areas of public accommodations, and to eliminate and prevent discrimination, segregation or separation in housing. (b) (c) (d) It is also declared to be the policy of the city, as implemented in this chapter, to assure equal opportunities and encouragement to every citizen regardless of race, sex, military status, disability, religion, age, color, sexual orientation, gender identity, national origin or ancestry, in securing and holding, without discrimination, employment in any field of work or labor for which a person is properly qualified, to assure equal opportunity to all persons within the city to full and equal public accommodations, and to assure equal opportunities in housing without distinction on account of race, sex, familial status, military status, disability, religion, color, sexual orientation, gender identity, national origin or ancestry. It is further declared that the opportunity to secure and to hold employment, the opportunity for full and equal public accommodations, and the opportunity for full and equal housing are civil rights of every citizen. To protect these rights, it is hereby declared to be the purpose of this chapter to establish a city human rights and services advisory board to identify, discuss and prevent segregation and discrimination contrary to this chapter. To further protect these rights, it is hereby declared to be the purpose of this chapter to provide a local process for the acceptance, investigation and resolution of complaints of discrimination relating to sexual orientation and/or gender identity arising hereunder. Sec Definitions. The definitions in the Kansas Acts Against Discrimination, K.S.A to ; the Kansas Age Discrimination in Employment Act, K.S.A to ; and the Discrimination Against Military Personnel Act, K.S.A to ; all as may be amended from time to time, shall apply to this chapter unless specifically defined herein. In addition, the following words and phrases shall have these meanings when used in this Chapter: Aggrieved person means any person who claims to be the person injured by an unlawfully discriminatory practice. Page 2

26 Employee means any person employed by an employer, but does not include any individual employed by such individual s parents, spouse or child, or in the domestic service of any person. Employer means any person in this city employing four (4) or more employees; and, any person acting directly or indirectly for an employer, labor organizations, nonsectarian organizations, organizations engaged in social service work, but shall not include a religious organization or a nonprofit fraternal or social association. Gender identity means one s perceived or actual self-identification as a male or a female, regardless to one s anatomical sex at birth. It can be described as cisgender or transgender. Hearing Officer means the Municipal Judge. Investigator means the City Attorney, or his/her designee. Nonprofit fraternal or social association/corporation means an association or corporation that meets all the following requirements: (1) it is organized in good faith for social or fraternal purposes; (2) membership entails the payment of bona fide initiation fees or regular dues; (3) there exists a regularly established means of self-government by the members thereof clearly set forth in a constitution or by-laws adopted by the membership; (4) there is a regularly established means of and criteria for admitting members and for expulsion of members by the existing membership or by their duly elected or appointed delegates; and (5) it is not operated, directly or indirectly for purposes of profit for any individual or groups of individuals other than the membership as a whole. Public Accommodation means any person who caters or offers goods, services, facilities or accommodations to the public. Public accommodations include, but are not limited to, any lodging establishment or food service establishment, as defined by K.S.A and amendments thereto; any bar, tavern, barbershop, beauty parlor, theater, skating rink, bowling alley, billiard parlor, amusement park, recreation park, swimming pool, lake, gymnasium, mortuary or cemetery which is open to the public; or any public transportation facility. Public accommodation shall not include a religious organization or a nonprofit fraternal or social association/corporation, and it shall not include a jail. Religious organization includes but is not limited to churches, mosques, synagogues, temples, nondenominational ministries, interdenominational and ecumenical organizations, mission organizations, faith-based social agencies, and other entities whose principal purpose is the study, practice, or advancement of religion. Rental housing means any real property, consisting of more than four dwelling units, but shall not include any real property owned or operated by a religious organization or a nonprofit fraternal or social association. Page 3

27 Respondent means the person against whom a complaint alleging discrimination has been filed with the investigator. Sexual orientation means one's perceived or actual emotional, romantic, or sexual attraction to other people. It can be described as heterosexual, homosexual, or bisexual. Sec Construction. (a) The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. (b) Nothing in this chapter shall be construed to mean that an employer shall be forced to hire or retain unqualified or incompetent personnel, or to discharge qualified or competent personnel. Sec Invalidity of part. If any clause, sentence, paragraph or part of this chapter or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction to be invalid such judgment shall not affect, impair or invalidate the remainder of this chapter and the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered and the persons or circumstances involved. It is hereby declared to be the legislative intent that this chapter would have been adopted had such provisions not been included. Sec Reserved. Section 2. That Sec of the Code of Ordinances of the City of Manhattan, Kansas is hereby repealed and replaced with the following provision, amended to read as follows: Sec Composition, appointment. (a) The Human Rights and Services Board shall consist of seven (7) members. All board members shall be residents of the city and shall be appointed by the mayor with the advice and consent of the governing body. (b) The membership of the Human Rights and Services Board shall be maintained on a basis that will give representation to a broad segment of the citizenry, reflecting citizens of various economic standings, employment, races, religions, colors, disabilities, familial statuses, military statuses, sexual orientations, gender identities, national origins or ancestries, sexes and age. Section 3. That Sec of the Code of Ordinances of the City of Manhattan, Kansas is hereby repealed and replaced with the following provision, amended to read as follows: Sec Powers and duties. The Human Rights and Services Board is an advisory board that shall have the following functions, powers and duties; (a) Recommend to the governing body, non-discrimination, equal opportunity and Page 4

28 (b) (c) (d) (e) (f) (g) civil rights policies, procedures and programs which will protect against discrimination, promote the health, safety, and welfare of the citizens of the city, and/or which will create a welcoming, diverse community. Receive and consider questions or proposals which in and of themselves do not constitute formal complaints of unlawful discrimination but are related issues. Provide education and outreach on the policies, procedures and purposes of this chapter. Accept contributions from any person to assist in the implementation of this chapter and to seek and enlist the cooperation of private, charitable, religious, labor, civic and benevolent organizations for the purposes of this chapter. Regularly inform the members of the governing body, through distribution of its agendas, minutes, memoranda, reports, and other pertinent documents, of the items of business before the board, the ongoing status of such items, and the disposition of such items. Cooperate with the federal and state agencies and other organizations or agencies whose purposes are not inconsistent with those of this chapter. After obtaining governing body approval, the board shall be authorized to make application to any person, organization, city, county, state or federal governmental unit or agency for funds to implement or further the purposes of this chapter. Section 4. That Sec and Sec of the Code of Ordinances of the City of Manhattan, Kansas are hereby repealed and replaced with the following provisions, amended to read as follows: Sec Sec Reserved. Section 5. That Sec the Code of Ordinances of the City of Manhattan, Kansas is hereby repealed and replaced with the following provision, amended to read as follows: Sec Unlawful Discriminatory Practices Related to Sexual Orientation and Gender Identity. (a) Employment. It shall be an unlawful discriminatory practice for an employer, because of the sexual orientation or gender identity of any person, to refuse to hire or employ such person, to bar or discharge such person from employment, or to otherwise discriminate against such person in compensation or in terms, conditions or privileges of employment; to limit, segregate, separate, classify or make any distinction in regards to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, segregation or separation without a valid business necessity. (b) Housing. It shall be an unlawful discriminatory practice for any person to discriminate against any person in the terms, conditions or privileges of the sale of real property or lease of rental housing, or in the provision of services or facilities in connection therewith, because of sexual orientation or gender identity, or to discriminate against any person in such person's use or occupancy of rental housing because of the sexual orientation or gender identity of the people with Page 5

29 (c) (d) whom such person associates. This provision shall not apply to the sale or rental of real property or rental housing owned by a religious organization, nor shall it apply to a jail. Public Accommodation. It shall be an unlawful discriminatory practice for any person, as defined herein being the owner, operator, lessee, manager, agent or employee of any place of public accommodation, to refuse, deny or make a distinction, directly or indirectly, in offering its goods, services, facilities, and accommodations to any person as covered by this chapter because of sexual orientation or gender identity. Nothing in this Chapter shall be construed to make it lawful to discriminate against individuals by reason of race, sex, familial status, military status, disability, religion, age, color, or national origin or ancestry. Such discrimination is not addressed in Articles III and IV of this Chapter because federal and state law address unlawful discriminatory practices related to those protected classes, as well as provide a complaint, investigation and enforcement process for those protected classes. Section 6. That Article IV of Chapter 10 of the Code of Ordinances of the City of Manhattan, Kansas is hereby repealed and replaced with the following new title and provisions, amended to read as follows: Article IV. ENFORCEMENT Sec Initiation of complaint. (a) An aggrieved person may file a complaint that he or she has been, or is being, discriminated against by an alleged unlawful discriminatory practice set forth in this Chapter on his or her own behalf or through an attorney; or if a minor, through his or her parent or legal guardian or attorney; by completing and signing the form provided by the city. The complaint form shall state the names and contact information of the aggrieved person, the person(s) alleged to have committed the unlawful discriminatory practice(s), and the respondent; shall describe the unlawful act or discriminatory practice; and shall include all other information as may be required by the city. (b) The complaint form shall be submitted to the investigator, and shall only be considered complete if all information requested has been provided. (c) The complaint form must be filed within 60 days of the alleged unlawful discriminatory practice, unless the act complained of constitutes a continuing pattern or practice of discrimination, in which event it must be filed within 60 days of the last act of discrimination. Page 6

30 Sec Notification to respondent; respondent s answer. Upon receipt of a completed complaint, the investigator shall notify the respondent of the complaint, providing sufficient details related to the complaint so the respondent may respond. The investigator shall give the respondent thirty (30) days to file a written answer to the complaint, and to provide any documentation or evidence related to the complaint. The investigator may, at the respondent s request, extend the answer period an additional thirty (30) days. Sec Investigation; determination of probable cause. (a) Following the conclusion of the answer period, the investigator may initiate an investigation period, requesting that the complainant and/or respondent provide additional information, documentation or testimony as needed to facilitate the investigation of the complaint. This investigation period shall be concluded within 60 days of the investigator s last request for information. (b) Within thirty (30) days of the conclusion of the investigation period, the investigator will review all information provided to the investigator and make a determination of whether probable cause exists that the respondent committed an unlawful discriminatory practice. If the investigator finds that probable cause does not exist, then the investigator shall notify the complainant and the respondent, and no further action shall be taken by the city. If the investigator finds that probable causes exists that an unlawful discriminatory practice was committed by respondent, the investigator shall notify the complainant and respondent and request conciliation and settlement. Sec Finding of probable cause; conciliation and settlement. If the investigator finds that probable causes exists that the respondent committed an unlawful discriminatory act against the complainant, the investigator will attempt to conciliate and settle the complaint between the parties. If a party refuses to participate in conciliation and settlement, or if a settlement agreement is not executed within 60 days of the date of the finding of probable cause, the matter shall be referred to the hearing officer for a hearing, pursuant to Section Sec Hearing. If the investigator has determined that probable cause exists that the respondent committed an unlawful discriminatory practice against the complainant, and the complaint could not be conciliated and settled within 60 days of the date of such determination, the complaint shall be set for a hearing before the hearing officer. At such hearing, the parties and the investigator shall be entitled to call witnesses and to present such other evidence as appropriate. The hearing shall be conducted in accordance with such procedures as may be established by the hearing officer, but the rules of evidence used in courts of law need not be strictly enforced. The hearing officer shall issue a written determination within 10 days of the date of the hearing. The determination shall indicate whether the preponderance of the evidence proves that respondent committed the unlawful discriminatory practice against the complainant. If so, the hearing officer s Page 7

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33 City of Merriam Employee Handbook Chapter Title: General Information Chapter Number: 1 Section Title: Equal Employment Opportunity Effective Date: January 1, 2005 Section Number: 1.04 Revision Date: June 2016 It is the policy of the City to provide equal employment opportunity to employees and applicants for employment without regard to age; race; religion; color; sex, sexual orientation; national origin and/or ancestry; gender; disability; military/veteran status, genetic information or other classification protected under applicable law. (The City may consider age if it is a bona fide occupational qualification.) Equal employment opportunity applies to all terms, conditions and privileges of employment, including hiring, probation, training, promotion, transfer, compensation, benefits and assistance, layoff, recall, employee facilities, discharge, and retirement. The City of Merriam will make reasonable accommodations for the known disability of an otherwise qualified applicant or employee who can perform the essential functions of the job with or without accommodation unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. If you believe you have been subjected to any form of unlawful discrimination, please contact your supervisor, Human Resources, the Assistant City Administrator, or City Administrator. The City will immediately conduct an effective, thorough and objective investigation. If the City determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action will also be taken to deter any future discrimination. The City will not retaliate against you for filing a complaint in good faith and will not permit retaliation by management or your co-workers. This handbook and the personnel policies referenced do not constitute or imply a contract, agreement, promise or guarantee of employment or continued employment. The City reserves the right to change these policies at any time and without prior notice to employees. 1.04

34 City of Merriam Employee Handbook Chapter Title: General Information Chapter Number: 1 Section Title: Workplace Discrimination Section Number: 1.05 Effective Date: January 1, 2005 Revision Date: June 2016 The City is committed to providing equal opportunities under law. As such, the City and its employees shall not discriminate against employees or applicants for employment with the City on the basis of: age; race; religion; color; sex, sexual orientation; national origin and/or ancestry; gender; disability; military/veteran status, genetic information or other category protected by law. The City may consider age if it is a bona fide occupational qualification. Department Heads are responsible to ensure that discrimination does not occur in the work place and will establish appropriate procedures to ensure that non-employees (vendors, contractors, residents, trades people, etc.) are also made aware of the intent of this policy. Any person believing that he or she has been subject to unlawful discrimination should utilize the complaint and resolution procedures set forth in Policy Employees found to be in violation of this policy will face strict discipline up to and including termination. This handbook and the personnel policies referenced do not constitute or imply a contract, agreement, promise or guarantee of employment or continued employment. The City reserves the right to change these policies at any time and without prior notice to employees. 1.05

35 City of Merriam Municipal Code Chapter 35 - HUMAN RESOURCES AND SOCIAL SERVICES ARTICLE I. - IN GENERAL Secs Reserved. ARTICLE II. - FAIR HOUSING Sec Policy. It is the policy of the city to provide, within constitutional limitations, for fair housing within the city limits. Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Discriminatory housing practice means an act that is unlawful under sections through Dwelling means any building, structure, or portion thereof which is occupied as or designed or intended for occupancy, as a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. Familial status. (1) The term "familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with: a. A parent of another person having legal custody of such individual; or b. The designee of such parent or other person having such custody with the written permission of such parent or other person. (2) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. Family includes a single individual. Handicap means, with respect to a person: (1) A physical or mental impairment which substantially limits one or more of such person's major life activities; (2) A record of having such an impairment; or (3) Being regarded as having such an impairment, but such term does not include current illegal use of or addiction to a controlled substance. Real estate broker means any person who, for a fee or other valuable consideration, sells, purchases or rents, or negotiates or offers or attempts to negotiate the sale, purchase or rental of real property of another or holds himself out as engaged in the business of selling, purchasing or renting the real property of another, or collects rental for the use of the real property of another. To rent includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (1) A parent or another person having legal custody of such individual; or (2) The designee of such parent or other person having such custody, with the written permission of such parent or other person.

36 City of Merriam Municipal Code Sec Exemptions. (a) (b) The prohibitions against discrimination in the sale or rental of housing set forth in section shall apply to: (1) Dwellings owned or operated by the federal government. (2) Dwellings provided in whole or in part with the aid of loans, advances, grants or contributions made by the federal government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to February 2, (3) Dwellings provided in whole or in part by loans insured, guaranteed or otherwise secured by the credit of the federal government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to February 2, (4) Dwellings provided by the development or redevelopment of real property purchased, rented, or otherwise obtained from a state or local public agency receiving federal financial assistance for slum clearance or urban renewal with respect to such property under loan or grant contracts entered into after November 20, (5) Nothing in subsections (2) or (3) of this section shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution. Nothing in this article shall prohibit a religious organization, association or society, or any nonprofit institution or organization, operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of real property which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons unless membership in such religion is restricted on account of race, color, religion, sex, national origin or ancestry. Nothing in this article prohibits a nonprofit private club, in fact not open to the public, which, as incident to its primary purpose, provides dwellings, which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such dwellings to its members, or from giving preference to its members. Nothing in this article applies to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. Sec Discrimination in the sale or rental of housing. It is unlawful: (1) To refuse to sell or rent, after the making of a bona fide offer, or to otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, national origin, ancestry, handicap or familial status. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, national origin, ancestry, handicap or familial status. (3) To make, print or publish, or cause to be made, printed or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, national origin, ancestry, handicap or familial status, or an intention to make any such preference, limitation, or discrimination. (4) To represent to any person because of race, color, religion, sex, national origin, ancestry, handicap or familial status that any dwelling is not available for inspection, sale, or rental, when such dwelling is in fact so available. (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, sex, national origin or ancestry.

37 City of Merriam Municipal Code Sec Discrimination in the financing of housing. It is unlawful for any bank, saving and loan association, insurance company, or other corporation, association, firm or enterprise, whose business consists in whole or in part in making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, sex, national origin, ancestry, handicap or familial status of such person or any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. Sec Discrimination in the provision of brokerage services. It is unlawful to deny any person access to or membership or participation in any multiple-listing services, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation on account of race, color, religion, sex, national origin, ancestry, handicap or familial status. Sec Complaints. Any person aggrieved by a violation of this article may file a complaint with the U.S. Department of Housing and Urban Development. Complaint forms for that purpose may be obtained from the city clerk.

38 City Council October 24, Exterior Grant Program Final Report

39 Review Spur revitalization of and private investment in Merriam s housing stock All non-apartment residential buildings in Merriam are potentially eligible For exterior improvements Minimum private investment - $4,000 City reimbursed 20% of the cost of improvements up to $2,500 $30,000 program

40 Gutters Porches/ Additions/ Decks Roof Painting Windows/ Door Siding Awnings Driveways/Sidewalks Landscaping Foundation

41 Grant Locations

42 Type of Improvements Roof/siding/painting/windows 10 Landscaping/drainage 3 Driveway/sidewalk 2 Solar Panels 1

43 Program Summary 16 Homes in program 16 Homeowners reimbursed 29+ Applications $30,000 Reimbursed to date $1,875 Average reimbursement $191,074 Total improvements $11,942 Average improvement amount Leveraged $6.37 of private funds for $1 of city funds 5 to 6 hrs Staff time per each approved application

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